Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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A:
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real estate agent, they might have more knowledge about the documents involved in real estate transactions, but this does not grant them the authority to draft a grant deed. The preparation of deeds should be done by someone with the appropriate legal qualifications, such as an attorney, to ensure that all legal requirements are met and to avoid potential issues.
While escrow companies often handle the preparation of deeds as part of the closing process, the critical aspect is that the person drafting the deed has the necessary legal expertise. This ensures that the document is legally sound and properly executed.
A:
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a licensed attorney.
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